Public order law - Balancing public order and freedom of expression

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Overview

Finding the right balance between public order and freedom of expression is a fundamental challenge in democratic societies. This topic is particularly important for those preparing for the SQE1 FLK1 exam due to its complex legal principles and developing case law. This article examines the legislation, judicial interpretations, and modern challenges involved in reconciling these interests.

Legal Framework

The UK balances public order and freedom of expression through statutory law and human rights legislation.

Public Order Act 1986

This Act is central to UK public order law, equipping authorities to manage public gatherings and marches. Key sections include:

  1. Section 14: Allows police to impose conditions on assemblies if there's a risk of major disruption, damage, or intimidation.
  2. Section 12: Similar to Section 14, focused on processions, enabling conditions to avert disorder or other adverse effects.

Human Rights Act 1998

This Act brings the European Convention on Human Rights into UK law, securing essential rights. Two vital articles are:

  1. Article 10: Defends freedom of expression but recognizes the need for restrictions for safety and the protection of others' rights.

  2. Article 11: Protects the right to assemble and associate, with similar limitations as Article 10.

Public Order Considerations

Public order laws are vital for maintaining societal stability and safety. They allow authorities to act preemptively to prevent potential disturbances.

Key Principles

  1. Proportionality: Any limitations on expression or assembly must be proportionate to the intended purpose.

  2. Legitimate Aims: Restrictions should address urgent societal needs, like safety and rights protection.

Freedom of Expression

Freedom of expression is a key element of democracies, encouraging the exchange of ideas and opinions. However, it can be curtailed when necessary.

Limits on Freedom of Expression

Restrictions might apply in cases of:

  • Threats to safety
  • Serious disruptions
  • Incitement to violence or discrimination
  • Defamation

The Balancing Act: Proportionality Test

Courts use a strict proportionality test to balance public order and freedom of expression:

  1. Legitimate aim: Does the restriction have a lawful purpose?
  2. Necessity: Is it required to achieve the aim?
  3. Proportionality: Is the impact on expression justified by the benefits?

Case Law and Examples

DPP v. Jones [1999]

This case upheld the right to peaceful assembly on public roads, stressing limitations should only apply when disruptions occur.

R (on the application of Laporte) v Commissioner of Police of the Metropolis [2006]

This case examined restriction limits, emphasizing the need for necessity and proportionality in preventing disorder.

Example: Anti-Government Protest

For a major protest in a city center:

  • Public Order View: Authorities may impose conditions for safety and minimal disruption.
  • Expression View: Organizers advocate for their right to voice opinions freely.
  • Balancing Act: Courts assess factors like protest size and potential impact.

Digital Expression

The growth of digital technology introduces new difficulties in balancing order and expression.

Legal Framework

  • Current laws, like the Public Order Act, apply to online expression but are challenging to enforce.
  • New proposals, such as the Online Safety Bill, aim to tackle online harms.

Challenges

  • Applying national laws to global platforms
  • Content moderation responsibilities
  • Rapid technological changes, like AI, creating new issues

Conclusion

Balancing public order and expression is a complex and changing area of UK law. For SQE1 FLK1 candidates, key points include:

  1. Interplay between the Public Order and Human Rights Acts.
  2. Importance of the proportionality test.
  3. The continuously evolving nature of digital expression.
  4. The necessity to apply legal principles to new scenarios.

Understanding these aspects is essential for navigating legal challenges and practicing law effectively in the future.